Text of H.R. 811 (as of Feb. 5, 2007, GPO)

Note:

The HR 811 text is being marked up with final amendments in the House Committtee on Administration and may emerge substantially altered from the text presented below, which is only the most recent form released to the general public. We understand this bill is on a fast-track and may be released at any time, to go straight to a House vote without affording any further opportunity for public review or comment. If you find this situation as offensive to democracy as we do, feel free to convey those sentiments to the House Committee on Administration and to the Speaker of the House. --EDA

Source: The Library of Congress, THOMAS website
http://thomas.loc.gov

The full text of HR 811 is displayed on this page.

For a summary view of the bill by sections, Click here

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HR 811 IH

110th CONGRESS
1st Session

H. R. 811

IN THE HOUSE OF REPRESENTATIVES

February 5, 2007

Mr. HOLT (for himself, Mr. TOM DAVIS of Virginia, Mr. WEXLER, Mr.
EMANUEL, Mr. PETRI, Mr. WOLF, Mr. LEWIS of Georgia, Mr. LANGEVIN, Mr.
COOPER, Mrs. JONES of Ohio, Mr. CLAY, Mr. SHAYS, Ms. KAPTUR, Mr.
ENGLISH of Pennsylvania, Mr. HASTINGS of Florida, Mr. RAMSTAD, Mr. MEEK
of Florida, Mr. ISSA, Mr. CUMMINGS, Mrs. BIGGERT, Ms. LEE, Mr. CASTLE,
Ms. KILPATRICK of Michigan, Mr. KUHL of New York, Ms. CORRINE BROWN of
Florida, Mr. MACK, Mr. SCOTT of Virginia, Mr. ABERCROMBIE, Mr.
ACKERMAN, Mr. ALLEN, Mr. BECERRA, Ms. BERKLEY, Mr. BERMAN, Mr. BERRY,
Mr. BISHOP of Georgia, Mr. BLUMENAUER, Mr. BOREN, Mr. BOSWELL, Mr.
BOUCHER, Mr. BOYD of Florida, Mr. BRADY of Pennsylvania, Mr. BRALEY of
Iowa, Mr. BUTTERFIELD, Mrs. CAPPS, Mr. CARNAHAN, Mr. CHANDLER, Mr.
COHEN, Mr. COSTA, Mr. COSTELLO, Mr. COURTNEY, Mr. CROWLEY, Mr. DAVIS of
Illinois, Mr. LINCOLN DAVIS of Tennessee, Mrs. DAVIS of California, Mr.
DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Ms. DELAURO, Mr. DICKS, Mr.
DINGELL, Mr. DOGGETT, Mr. DOYLE, Mr. EDWARDS, Mr. ELLISON, Mr. ENGEL,
Ms. ESHOO, Mr. ETHERIDGE, Mr. FATTAH, Mr. FILNER, Mr. FORTUN.AE6O, Mr.
FRANK of Massachusetts, Mrs. GILLIBRAND, Mr. GONZALEZ, Mr. GORDON of
Tennessee, Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Mr.
HALL of New York, Ms. HARMAN, Ms. HERSETH, Mr. HIGGINS, Mr. HINCHEY,
Ms. HIRONO, Mr. HODES, Mr. HOLDEN, Mr. HONDA, Ms. HOOLEY, Mr. INSLEE,
Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of
Texas, Mr. JOHNSON of Georgia, Mr. KAGEN, Mr. KENNEDY, Mr. KILDEE, Mr.
KIND, Mr. KLEIN of Florida, Mr. KUCINICH, Mr. LANTOS, Mr. LARSEN of
Washington, Mr. LOEBSACK, Mrs. LOWEY, Mrs. MCCARTHY of New York, Ms.
MCCOLLUM of Minnesota, Mr. MCINTYRE, Mr. MCNULTY, Mrs. MALONEY of New
York, Mr. MARSHALL, Mr. MATHESON, Ms. MATSUI, Mr. MELANCON, Mr.
MICHAUD, Mr. MILLER of North Carolina, Mr. GEORGE MILLER of California,
Mr. MITCHELL, Mr. MOLLOHAN, Mr. MOORE of Kansas, Mr. MORAN of Virginia,
Mr. PATRICK J. MURPHY of Pennsylvania, Mr. NADLER, Mrs. NAPOLITANO, Ms.
NORTON, Mr. OBERSTAR, Mr. OBEY, Mr. OLVER, Mr. ORTIZ, Mr. PALLONE, Mr.
PASTOR, Mr. PAYNE, Mr. PETERSON of Minnesota, Mr. PRICE of North
Carolina, Mr. REYES, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER,
Mr. SALAZAR, Ms. LINDA T. SANCHEZ of California, Ms. LORETTA SANCHEZ of
California, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. SCHWARTZ, Mr. SCOTT of
Georgia, Mr. SERRANO, Mr. SHERMAN, Mr. SHULER, Ms. SLAUGHTER, Mr. SMITH
of Washington, Ms. SOLIS, Mr. SPRATT, Mr. STARK, Mr. STUPAK, Ms.
SUTTON, Mr. TANNER, Mrs. TAUSCHER, Mr. TAYLOR, Mr. TIERNEY, Mr. TOWNS,
Mr. UDALL of Colorado, Mr. VAN HOLLEN, Mr. WALZ of Minnesota, Ms.
WASSERMAN SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. WAXMAN, Mr. WEINER, Ms.
WOOLSEY, Mr. WU, Mr. WYNN, and Mr. ALTMIRE) introduced the following
bill; which was referred to the Committee on House Administration

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A BILL

To amend the Help America Vote Act of 2002 to require a
voter-verified permanent paper ballot under title III of such Act, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Voter Confidence and Increased Accessibility Act of 2007'.

SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-VERIFIED PERMANENT PAPER BALLOT.

(a) Ballot Verification and Audit Capacity-

(1) IN GENERAL- Section 301(a)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as follows:

`(2) BALLOT VERIFICATION AND AUDIT CAPACITY-

`(A) IN GENERAL-

`(i) The voting system shall require the use of
or produce an individual voter-verified paper ballot of the voter's
vote that shall be created by or made available for inspection and
verification by the voter before the voter's vote is cast and counted.
For purposes of this clause, examples of such a ballot include a paper
ballot marked by the voter for the purpose of being counted by hand or
read by an optical scanner or other similar device, a paper ballot
prepared by the voter to be mailed to an election official (whether
from a domestic or overseas location), a paper ballot created through
the use of a ballot marking device or system, or a paper ballot
produced by a touch screen or other electronic voting machine, so long
as in each case the voter is permitted to verify the ballot in a paper
form in accordance with this subparagraph.

`(ii) The voting system shall provide the voter
with an opportunity to correct any error made by the system in the
voter-verified paper ballot before the permanent voter-verified paper
ballot is preserved in accordance with subparagraph (B)(i).

`(iii) The voting system shall not preserve the
voter-verifiable paper ballots in any manner that makes it possible, at
any time after the ballot has been cast, to associate a voter with the
record of the voter's vote.

`(B) MANUAL AUDIT CAPACITY-

`(i) The permanent voter-verified paper ballot produced in accordance with subparagraph (A) shall be preserved--

`(I) in the case of votes cast at the
polling place on the date of the election, within the polling place in
the manner or method in which all other paper ballots are preserved
within such polling place;

`(II) in the case of votes cast at the
polling place prior to the date of the election or cast by mail, in a
manner which is consistent with the manner employed by the jurisdiction
for preserving such ballots in general; or

`(III) in the absence of either such manner
or method, in a manner which is consistent with the manner employed by
the jurisdiction for preserving paper ballots in general.

`(ii) Each paper ballot produced pursuant to
subparagraph (A) shall be suitable for a manual audit equivalent to
that of a paper ballot voting system.

`(iii) In the event of any inconsistencies or
irregularities between any electronic vote tallies and the vote tallies
determined by counting by hand the individual permanent paper ballots
produced pursuant to subparagraph (A), and subject to subparagraph (D),
the individual permanent paper ballots shall be the true and correct
record of the votes cast and shall be used as the official ballots for
purposes of any recount or audit conducted with respect to any election
for Federal office in which the voting system is used.

`(C) SPECIAL RULE FOR VOTES CAST BY ABSENT MILITARY
AND OVERSEAS VOTERS- In the case of votes cast by absent uniformed
services voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act, the ballots cast by such voters shall
serve as the permanent paper ballot under subparagraph (A) in
accordance with protocols established by the Commission, in
consultation with the Secretary of Defense after notice and opportunity
for public comment, which preserve the privacy of the voter and are
consistent with the requirements of such Act and this Act, except that
to the extent that such protocols permit the use of electronic mail in
the delivery or submission of such ballots, paragraph (11) shall not
apply with respect to the delivery or submission of the ballots.

`(D) SPECIAL RULE FOR TREATMENT OF DISPUTES WHEN
PAPER BALLOTS HAVE BEEN SHOWN TO BE COMPROMISED- In the event of any
inconsistency between any electronic vote tallies and the vote tallies
determined by counting by hand the individual permanent paper ballots
produced pursuant to subparagraph (A), any person seeking to show that
the electronic vote tally should be given preference in determining the
official count for the election shall be required to demonstrate, by
clear and convincing evidence, that the paper ballots have been
compromised (by damage or mischief or otherwise) and that a sufficient
number of the ballots have been so compromised that the result of the
election would be changed. For purposes of the previous sentence, the
paper ballots associated with each voting machine shall be considered
on a voting-machine-by-voting-machine basis, and only the sets of paper
ballots deemed compromised, if any, shall be considered in the
calculation of whether or not the election would be changed due to the
compromised paper ballots.'.

(2) CONFORMING AMENDMENT CLARIFYING APPLICABILITY OF
ALTERNATIVE LANGUAGE ACCESSIBILITY- Section 301(a)(4) of such Act (42
U.S.C. 15481(a)(4)) is amended by inserting `(including the paper
ballots required to be produced under paragraph (2) and the notice
required under paragraph (8))' after `voting system'.

(3) OTHER CONFORMING AMENDMENTS- Section 301(a)(1) of such Act (42 U.S.C. 15481(a)(1)) is amended--

(A) in subparagraph (A)(i), by striking `counted' and inserting `counted, in accordance with paragraphs (2) and (3)';

(B) in subparagraph (A)(ii), by striking `counted' and inserting `counted, in accordance with paragraphs (2) and (3)';

(C) in subparagraph (A)(iii), as amended by
paragraph (2), by striking `counted' each place it appears and
inserting `counted, in accordance with paragraphs (2) and (3)'; and

(D) in subparagraph (B)(ii), by striking `counted' and inserting `counted, in accordance with paragraphs (2) and (3)'.

(b) Accessibility and Ballot Verification for Individuals With Disabilities-

(1) IN GENERAL- Section 301(a)(3)(B) of such Act (42 U.S.C. 15481(a)(3)(B)) is amended to read as follows:

`(B)(i) satisfy the requirement of subparagraph (A)
through the use of at least one voting system equipped for individuals
with disabilities at each polling place; and

`(ii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that--

`(I) allows the voter to privately and
independently verify the content of the permanent paper ballot through
the conversion of the printed content into accessible media, and

`(II) ensures that the entire process of ballot verification and vote casting is equipped for individuals with disabilities.'.

(2) SPECIFIC REQUIREMENT OF STUDY, TESTING, AND DEVELOPMENT OF ACCESSIBLE BALLOT VERIFICATION MECHANISMS-

(A) STUDY AND REPORTING- Subtitle C of title II of such Act (42 U.S.C. 15381 et seq.) is amended--

(i) by redesignating section 247 as section 248; and

(ii) by inserting after section 246 the following new section:

`SEC. 247. STUDY AND REPORT ON ACCESSIBLE BALLOT VERIFICATION MECHANISMS.

`(a) Study and Report- The Director of the National
Institute of Standards and Technology shall study, test, and develop
best practices to enhance the accessibility of ballot verification
mechanisms for individuals with disabilities, for voters whose primary
language is not English, and for voters with difficulties in literacy,
including best practices for the mechanisms themselves and the
processes through which the mechanisms are used. In carrying out this
section, the Director shall specifically investigate existing and
potential methods or devices that will assist such individuals and
voters in creating voter-verified paper ballots and in reading or
transmitting the information printed or marked on such ballots back to
such individuals and voters.

`(b) Deadline- The Director shall complete the requirements of subsection (a) not later than January 1, 2010.

`(c) Authorization of Appropriations- There are authorized
to be appropriated to carry out subsection (a) $1,000,000, to remain
available until expended.'.

(B) CLERICAL AMENDMENT- The table of contents of such Act is amended--

(i) by redesignating the item relating to section 247 as relating to section 248; and

(ii) by inserting after the item relating to section 246 the following new item:

`Sec. 247. Study and report on accessible voter verification mechanisms.'.

(3) CLARIFICATION OF ACCESSIBILITY STANDARDS UNDER
VOLUNTARY VOTING SYSTEM GUIDANCE- In adopting any voluntary guidance
under subtitle B of title III of the Help America Vote Act with respect
to the accessibility of the ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.

(c) Additional Voting System Requirements-

(1) REQUIREMENTS DESCRIBED- Section 301(a) of such Act
(42 U.S.C. 15481(a)) is amended by adding at the end the following new
paragraphs:

`(7) INSTRUCTION OF ELECTION OFFICIALS- Each State
shall ensure that all election officials are instructed on the right of
any individual who requires assistance to vote by reason of blindness,
other disability, or inability to read or write to be given assistance
by a person chosen by that individual under section 208 of the Voting
Rights Act of 1965.

`(8) INSTRUCTION REMINDING VOTERS OF IMPORTANCE OF VERIFYING PAPER BALLOT-

`(A) IN GENERAL- The appropriate election official
at each polling place shall cause to be placed in a prominent location
in the polling place a notice containing the following statement, in
boldface type, large font, and using only upper-case letters: `THE
PAPER BALLOT REPRESENTING YOUR VOTE SHALL SERVE AS THE VOTE OF RECORD
IN ALL RECOUNTS AND AUDITS. DO NOT LEAVE THE VOTING BOOTH UNTIL YOU
HAVE CONFIRMED THAT IT ACCURATELY RECORDS YOUR VOTE'.

`(B) SYSTEMS FOR INDIVIDUALS WITH DISABILITIES- All
voting systems equipped for individuals with disabilities shall
transmit by accessible media the statement referred to in subparagraph
(A), as well as an explanation of the verification process described in
paragraph (3)(B)(ii).

`(9) PROHIBITION OF USE OF UNDISCLOSED SOFTWARE IN
VOTING SYSTEMS- No voting system used in an election for Federal office
shall at any time contain or use any software not certified by the
State for use in the election or any software undisclosed to the State
in the certification process. The appropriate election official shall
disclose, in electronic form, the source code, object code, and
executable representation of the voting system software and firmware to
the Commission, including ballot programming files, and the Commission
shall make that source code, object code, executable representation,
and ballot programming files available for inspection promptly upon
request to any person.

`(10) PROHIBITION OF USE OF WIRELESS COMMUNICATIONS
DEVICES IN VOTING SYSTEMS- No voting system shall contain, use, or be
accessible by any wireless, power-line, remote, wide area, or concealed
communication device at all.

`(11) PROHIBITING CONNECTION OF SYSTEM OR TRANSMISSION
OF SYSTEM INFORMATION OVER THE INTERNET- No component of any voting
device upon which votes are cast shall be connected to the Internet at
any time.

`(12) SECURITY STANDARDS FOR VOTING SYSTEMS USED IN FEDERAL ELECTIONS-

`(A) IN GENERAL- No voting system may be used in an
election for Federal office unless the manufacturer of such system and
the election officials using such system meet the applicable
requirements described in subparagraph (B).

`(B) REQUIREMENTS DESCRIBED- The requirements described in this subparagraph are as follows:

`(i) The manufacturer and the election
officials shall document the secure chain of custody for the handling
of all software, hardware, vote storage media, and ballots used in
connection with voting systems, and shall make the information
available upon request to the Commission.

`(ii) The manufacturer of the software used in
the operation of the system shall provide the appropriate election
official with updated information regarding the identification of each
individual who participated in the writing of the software, including
specific information regarding whether the individual has ever been
convicted of a crime involving election, accounting, or computer
security fraud.

`(iii) The manufacturer shall provide the
appropriate election official with the information necessary for the
official to provide information to the Commission under paragraph (9).

`(iv) After the appropriate election official
has certified the source code, object code, and executable
representation of the voting system software for use in an election,
the manufacturer may not--

`(I) alter such codes and representation; or

`(II) insert or use in the voting system any software not certified by the State for use in the election.

`(v) The appropriate election official shall
ensure that all voting machines and related supplies to be used in the
election shall remain secured within storage facilities arranged for by
the election official, and shall not be removed from such facilities
until such time as they are to be delivered to the relevant polling
place and secured at the polling place until used in the election.

`(vi) The manufacturer shall meet standards
established by the Commission to prevent the existence or appearance of
any conflict of interest with respect to candidates for public office
and political parties, including standards to ensure that the
manufacturer's officers and directors do not hold positions of
authority in any political party or in any partisan political campaign,
and shall certify to the Commission not later than January 31 of each
even-numbered year that it meets the standards established under this
clause.

`(vii) At the request of the Commission, the
appropriate election official shall submit information to the
Commission regarding the State's compliance with this subparagraph.

`(13) DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS-

`(A) DURABILITY REQUIREMENTS FOR PAPER BALLOTS- All
voter-verified paper ballots required to be used under this Act
(including the emergency paper ballots used under paragraph (14)) shall
be marked, printed, or recorded on durable paper of archival quality
capable of withstanding multiple counts and recounts without
compromising the fundamental integrity of the ballots, and capable of
retaining the information marked, printed, or recorded on them for the
full duration of the retention and preservation period called for by
title III of the Civil Rights Act of 1960 (42 U.S.C. 1974 et seq.) or
under applicable State law, whichever is longer.

`(B) READABILITY REQUIREMENTS FOR MACHINE-MARKED OR
PRINTED PAPER BALLOTS- All voter-verified paper ballots marked or
printed through the use of a marking or printing device shall be
clearly readable by the naked eye and by a scanner or other device
equipped for voters with disabilities.

`(14) PROHIBITING TURNING INDIVIDUALS AWAY FROM POLLING
PLACES BECAUSE OF PROBLEMS WITH OR SHORTAGES OF EQUIPMENT, BALLOTS, OR
SUPPLIES-

`(A) ENSURING ADEQUATE EQUIPMENT AND SUPPLIES- Each
State shall ensure that the voting systems it uses to conduct elections
for Federal office are designed in a manner that ensures that no voter
will be unable to cast a ballot at a polling place due to a shortage or
failure of voting equipment, ballots, or necessary supplies.

`(B) USE OF EMERGENCY PAPER BALLOTS IN CASE OF
SYSTEM OR EQUIPMENT FAILURE- In the event of the failure of voting
equipment or other circumstance at a polling place that causes a delay,
any individual who is waiting at the polling place to cast a ballot in
an election for Federal office and who would be delayed due to such
failure or other circumstance shall be advised immediately of the
individual's right to use an emergency paper ballot, and upon request
shall be provided with an emergency paper ballot for the election and
the supplies necessary to mark the ballot. Any emergency paper ballot
which is cast by an individual under this subparagraph shall be counted
and otherwise treated as a regular ballot and not as a provisional
ballot, unless the individual casting the ballot would have otherwise
been required to cast a provisional ballot if the voting equipment at
the polling place had not failed.'.

(2) REQUIRING LABORATORIES TO MEET STANDARDS
PROHIBITING CONFLICTS OF INTEREST AS CONDITION OF ACCREDITATION FOR
TESTING OF VOTING SYSTEM HARDWARE AND SOFTWARE-

(A) IN GENERAL- Section 231(b) of such Act (42 U.S.C. 15371(b)) is amended by adding at the end the following new paragraphs:

`(3) PROHIBITING CONFLICTS OF INTEREST; ENSURING AVAILABILITY OF RESULTS-

`(A) IN GENERAL- A laboratory may not be accredited by the Commission for purposes of this section unless--

`(i) the laboratory certifies that the only
compensation it receives for the testing carried out in connection with
the certification, decertification, and recertification of the
manufacturer's voting system hardware and software is the payment made
from the Testing Escrow Account under paragraph (4);

`(ii) the laboratory meets the standards
applicable to the manufacturers of voting systems under section
301(a)(11)(B)(vi), together with such standards as the Commission shall
establish (after notice and opportunity for public comment) to prevent
the existence or appearance of any conflict of interest in the testing
carried out by the laboratory under this section, including standards
to ensure that the laboratory does not have a financial interest in the
manufacture, sale, and distribution of voting system hardware and
software, and is sufficiently independent from other persons with such
an interest;

`(iii) the laboratory certifies that it will
permit an expert designated by the Commission to observe any testing
the laboratory carries out under this section; and

`(iv) the laboratory, upon completion of any
testing carried out under this section, discloses the test protocols,
results, and all communication between the laboratory and the
manufacturer to the Commission.

`(B) AVAILABILITY OF RESULTS- Upon receipt of
information under subparagraph (A), the Commission shall make the
information available promptly to election officials and the public.

`(4) PROCEDURES FOR CONDUCTING TESTING; PAYMENT OF USER FEES FOR COMPENSATION OF ACCREDITED LABORATORIES-

`(A) ESTABLISHMENT OF ESCROW ACCOUNT- The
Commission shall establish an escrow account (to be known as the
`Testing Escrow Account') for making payments to accredited
laboratories for the costs of the testing carried out in connection
with the certification, decertification, and recertification of voting
system hardware and software.

`(B) SCHEDULE OF FEES- In consultation with the
accredited laboratories, the Commission shall establish and regularly
update a schedule of fees for the testing carried out in connection
with the certification, decertification, and recertification of voting
system hardware and software, based on the reasonable costs expected to
be incurred by the accredited laboratories in carrying out the testing
for various types of hardware and software.

`(C) REQUESTS AND PAYMENTS BY MANUFACTURERS- A
manufacturer of voting system hardware and software may not have the
hardware or software tested by an accredited laboratory under this
section unless--

`(i) the manufacturer submits a detailed request for the testing to the Commission; and

`(ii) the manufacturer pays to the Commission,
for deposit into the Testing Escrow Account established under
subparagraph (A), the applicable fee under the schedule established and
in effect under subparagraph (B).

`(D) SELECTION OF LABORATORY- Upon receiving a
request for testing and the payment from a manufacturer required under
subparagraph (C), the Commission shall select at random, from all
laboratories which are accredited under this section to carry out the
specific testing requested by the manufacturer, an accredited
laboratory to carry out the testing.

`(E) PAYMENTS TO LABORATORIES- Upon receiving a
certification from a laboratory selected to carry out testing pursuant
to subparagraph (D) that the testing is completed, along with a copy of
the results of the test as required under paragraph (3)(A)(iii), the
Commission shall make a payment to the laboratory from the Testing
Escrow Account established under subparagraph (A) in an amount equal to
the applicable fee paid by the manufacturer under subparagraph (C)(ii).

`(5) DISSEMINATION OF ADDITIONAL INFORMATION ON ACCREDITED LABORATORIES-

`(A) INFORMATION ON TESTING- Upon completion of the
testing of a voting system under this section, the Commission shall
promptly disseminate to the public the identification of the laboratory
which carried out the testing.

`(B) LABORATORIES WITH ACCREDITATION REVOKED OR
SUSPENDED- If the Commission revokes, terminates, or suspends the
accreditation of a laboratory under this section, the Commission shall
promptly notify Congress, the chief State election official of each
State, and the public.'.

(B) CONFORMING AMENDMENTS- Section 231 of such Act (42 U.S.C. 15371) is further amended--

(i) in subsection (a)(1), by striking `testing,
certification,' and all that follows and inserting the following:
`testing of voting system hardware and software by accredited
laboratories in connection with the certification, decertification, and
recertification of the hardware and software for purposes of this Act.';

(ii) in subsection (a)(2), by striking
`testing, certification,' and all that follows and inserting the
following: `testing of its voting system hardware and software by the
laboratories accredited by the Commission under this section in
connection with certifying, decertifying, and recertifying the hardware
and software.';

(iii) in subsection (b)(1), by striking
`testing, certification, decertification, and recertification' and
inserting `testing'; and

(iv) in subsection (d), by striking `testing,
certification, decertification, and recertification' each place it
appears and inserting `testing'.

(C) DEADLINE FOR ESTABLISHMENT OF STANDARDS AND
ESCROW ACCOUNT- The Election Assistance Commission shall establish the
standards described in section 231(b)(3) of the Help America Vote Act
of 2002 and the Testing Escrow Account described in section 231(b)(4)
of such Act (as added by subparagraph (A)) not later than January 1,
2008.

(3) SPECIAL CERTIFICATION OF BALLOT DURABILITY AND
READABILITY REQUIREMENTS FOR STATES NOT CURRENTLY USING PAPER BALLOTS-
If any of the voting systems used in a State for the regularly
scheduled 2006 general elections for Federal office did not operate by
having voters cast votes on paper ballots (such as through the use of
an optical scan voting system), the State shall certify to the Election
Assistance Commission not later than 90 days after the date of the
enactment of this Act that the State will be in compliance with the
requirements of section 301(a)(13) of the Help America Vote of 2002, as
added by paragraph (1), in accordance with the deadline established
under this Act, and shall include in the certification the methods by
which the State will meet the requirements.

(d) Availability of Additional Funding to Enable States to Meet Costs of Revised Requirements-

(1) EXTENSION OF REQUIREMENTS PAYMENTS FOR MEETING
REVISED REQUIREMENTS- Section 257(a) of the Help America Vote Act of
2002 (42 U.S.C. 15407(a) is amended by adding at the end the following
new paragraph:

`(4) For fiscal year 2007, $300,000,000, except that
any funds provided under the authorization made by this paragraph shall
be used by a State only to meet the requirements of title III which are
first imposed on the State pursuant to the amendments made by section 2
of the Voter Confidence and Increased Accessibility Act of 2007, or to
otherwise modify or replace its voting systems in response to such
amendments.'.

(2) USE OF REVISED FORMULA FOR ALLOCATION OF FUNDS-
Section 252(b) of such Act (42 U.S.C. 15402(b)) is amended to read as
follows:

`(b) State Allocation Percentage Defined-

`(1) IN GENERAL- Except as provided in paragraph (2),
the `State allocation percentage' for a State is the amount (expressed
as a percentage) equal to the quotient of--

`(A) the voting age population of the State (as reported in the most recent decennial census); and

`(B) the total voting age population of all States (as reported in the most recent decennial census).

`(2) SPECIAL RULE FOR PAYMENTS FOR FISCAL YEAR 2007-

`(A) IN GENERAL- In the case of the requirements
payment made to a State for fiscal year 2007, the `State allocation
percentage' for a State is the amount (expressed as a percentage) equal
to the quotient of--

`(i) the number of remedial precincts in the State; and

`(ii) the total number of remedial precincts in all States.

`(B) REMEDIAL PRECINCT DEFINED- In this paragraph,
a `remedial precinct' means any precinct (or equivalent location)
within the State for which the voting system used to administer the
regularly scheduled general election for Federal office held in
November 2006--

`(i) did not use paper as the medium for vote
casting, or if the system used paper, did not use durable paper of
archival quality; or

`(ii) did not provide that the entire process of ballot verification was equipped for individuals with disabilities.'.

(3) INCREASE IN STATE MINIMUM SHARE OF PAYMENT- Section 252(c) of such Act (42 U.S.C. 15402(c)) is amended--

(A) in paragraph (1), by inserting after `one-half
of 1 percent' the following: `(or, in the case of the payment made for
fiscal year 2007, 1 percent)'; and

(B) in paragraph (2), by inserting after `one-tenth
of 1 percent' the following: `(or, in the case of the payment made for
fiscal year 2007, one-half of 1 percent)'.

(4) REVISED CONDITIONS FOR RECEIPT OF FUNDS- Section 253 of such Act (42 U.S.C. 15403) is amended--

(A) in subsection (a), by striking `A State is
eligible' and inserting `Except as provided in subsection (f), a State
is eligible'; and

(B) by adding at the end the following new subsection:

`(f) Special Rule for Fiscal Year 2007- Notwithstanding any
other provision of this part, a State is eligible to receive a
requirements payment for fiscal year 2007 if--

`(1) not later than 30 days after the date of the
enactment of the Voter Confidence and Increased Accessibility Act of
2007, the State certifies to the Commission the number of remedial
precincts in the State (as defined in section 252(b)(2)(B)); and

`(2) not later than 90 days after the date of the
enactment of such Act, the chief executive officer of the State, or
designee, in consultation and coordination with the chief State
election official, has filed a statement with the Commission describing
the State's need for the payment and how the State will use the payment
to meet the requirements of title III (in accordance with the
limitations applicable to the use of the payment under section
257(a)(4)).'.

(5) PERMITTING USE OF FUNDS FOR REIMBURSEMENT FOR COSTS
PREVIOUSLY INCURRED- Section 251(c)(1) of such Act (42 U.S.C.
15401(c)(1)) is amended by striking the period at the end and inserting
the following: `, or as a reimbursement for any costs incurred in
meeting the requirements of title III which are imposed pursuant to the
amendments made by section 2 of the Voter Confidence and Increased
Accessibility Act of 2007 or in otherwise modifying or replacing voting
systems in response to such amendments.'.

(6) RULE OF CONSTRUCTION REGARDING STATES RECEIVING
OTHER FUNDS FOR REPLACING PUNCH CARD, LEVER, OR OTHER VOTING MACHINES-
Nothing in the amendments made by this subsection or in any other
provision of the Help America Vote Act of 2002 may be construed to
prohibit a State which received or was authorized to receive a payment
under title I or II of such Act for replacing punch card, lever, or
other voting machines from receiving or using any funds which are made
available under the amendments made by this subsection.

(7) EFFECTIVE DATE- The amendments made by this
subsection shall apply with respect to fiscal years beginning with
fiscal year 2007.

SEC. 3. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.

Section 401 of such Act (42 U.S.C. 15511) is amended--

(1) by striking `The Attorney General' and inserting `(a) In General- The Attorney General'; and

(2) by adding at the end the following new subsections:

`(b) Filing of Complaints by Aggrieved Persons-

`(1) IN GENERAL- A person who is aggrieved by a
violation of section 301, 302, or 303 which has occurred, is occurring,
or is about to occur may file a written, signed, notarized complaint
with the Attorney General describing the violation and requesting the
Attorney General to take appropriate action under this section.

`(2) RESPONSE BY ATTORNEY GENERAL- The Attorney General
shall respond to each complaint filed under paragraph (1), in
accordance with procedures established by the Attorney General that
require responses and determinations to be made within the same (or
shorter) deadlines which apply to a State under the State-based
administrative complaint procedures described in section 402(a)(2).

`(c) Clarification of Availability of Private Right of
Action- Nothing in this section may be construed to prohibit any person
from bringing an action under section 1979 of the Revised Statutes of
the United States (42 U.S.C. 1983) (including any individual who seeks
to enforce the individual's right to a voter-verified paper ballot, the
right to have the voter-verified paper ballot counted in an election,
or any other right under subtitle A of title III) to enforce the
uniform and nondiscriminatory election technology and administration
requirements under sections 301, 302, and 303.

`(d) No Effect on State Procedures- Nothing in this section
may be construed to affect the availability of the State-based
administrative complaint procedures required under section 402 to any
person filing a complaint under this subsection.'.

SEC. 4. EXTENSION OF AUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.

(a) In General- Section 210 of the Help America Vote Act of
2002 (42 U.S.C. 15330) is amended by striking `each of the fiscal years
2003 through 2005' and inserting `each fiscal year beginning with
fiscal year 2003'.

(b) Effective Date- The amendment made by subsection (a)
shall take effect as if included in the enactment of the Help America
Vote Act of 2002.

SEC. 5. REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT.

(a) Mandatory Manual Audits by Election Audit Boards- Title
III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is
amended by adding at the end the following new subtitle:

`Subtitle C--Mandatory Manual Audits by Election Audit Boards

`SEC. 321. ESTABLISHMENT OF ELECTION AUDIT BOARDS.

`(a) Establishment- Not later than 60 days before the date
of each election for Federal office held in the State, the chief
auditor of each State shall appoint an Election Audit Board to
administer, without advance notice to the precincts selected, random
hand counts of the voter-verified paper ballots required to be produced
and preserved pursuant to section 301(a)(2) for each such election held
in the State (and, at the option of the State or jurisdiction involved,
of elections for State and local office held at the same time as such
election).

`(b) Composition-

`(1) IN GENERAL- Each political party in the State with
a candidate in any of the regularly scheduled elections for Federal
office held in the State whose candidates in the most recent regularly
scheduled general elections in the State received at least 5% of the
aggregate number of all votes cast in such elections, together with any
independent candidate who received at least 5% of the aggregate number
of all votes cast in the most recent regularly scheduled general
elections in the State, shall select a qualified individual for
appointment to the Election Audit Board of the State.

`(2) UNAFFILIATED MEMBERS- In addition to the
individuals serving on the Board pursuant to paragraph (1), the chief
auditor of the State shall appoint qualified individuals who are not
nominated by any political party or candidate and who are not employees
or agents of any political party or candidate to serve on the Board.
The number of individuals appointed pursuant to this paragraph shall be
sufficient to ensure that the total number of individuals serving on
the Board is an odd number not less than 7.

`(3) QUALIFICATIONS- An individual is qualified to be
appointed to the Board if the individual has professional experience in
carrying out audits on an impartial basis, and does not have any
conflict of interest with the manufacturer or vendor of any voting
system which was used in any of the elections that will be audited by
the Board.

`(4) DIVERSITY IN APPOINTMENTS- In making appointments
to the Board, the chief auditor of the State shall (to the greatest
extent practicable) ensure that the members of the Board reflect the
demographic composition of the voting age population of the State.

`(c) Special Rule For Runoff and Special Elections-

`(1) RUNOFF ELECTIONS- If a runoff election for Federal
office is held in the State, the Election Audit Board which was
appointed for the initial election which resulted in the runoff
election shall serve as the Election Audit Board with respect to the
runoff election.

`(2) SPECIAL ELECTIONS- If a special election for
Federal office is held in the State (other than a special election held
on the same date as the date of a regularly scheduled election for
Federal office), the Election Audit Board which was appointed for the
most recent regularly scheduled election for Federal office in the
State shall serve as the Election Audit Board with respect to the
special election.

`(d) Chief Auditor Defined- In this subsection, the `chief
auditor' of a State is an official of the State government, who, as
designated by the Attorney General of the State and certified by the
Attorney General of the State to the Commission, is responsible for
conducting annual audits of the operations of the government of the
State under the laws or constitution of the State, except that in no
case may an individual serve as the chief auditor of a State under this
subsection if the individual is the chief State election official.

`SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.

`(a) In General- Except as provided in subsection (b), the
number of voter-verified paper ballots which will be subject to a hand
count administered by the Election Audit Board of a State under this
subtitle with respect to an election shall be determined as follows:

`(1) In the event that the unofficial count as
described in section 323(a)(1) reveals that the margin of victory
between the two candidates receiving the largest number of votes in the
election is less than 1 percent of the total votes cast in that
election, the hand counts of the voter-verified paper ballots shall
occur in 10 percent of all precincts (or equivalent locations) in the
Congressional district involved (in the case of an election for the
House of Representatives) or the State (in the case of any other
election for Federal office).

`(2) In the event that the unofficial count as
described in section 323(a)(1) reveals that the margin of victory
between the two candidates receiving the largest number of votes in the
election is greater than or equal to 1 percent but less than 2 percent
of the total votes cast in that election, the hand counts of the
voter-verified paper ballots shall occur in 5 percent of all precincts
(or equivalent locations) in the Congressional district involved (in
the case of an election for the House of Representatives) or the State
(in the case of any other election for Federal office).

`(3) In the event that the unofficial count as
described in section 323(a)(1) reveals that the margin of victory
between the two candidates receiving the largest number of votes in the
election is equal to or greater than 2 percent of the total votes cast
in that election, the hand counts of the voter-verified paper ballots
shall occur in 3 percent of all precincts (or equivalent locations) in
the Congressional district involved (in the case of an election for the
House of Representatives) or the State (in the case of any other
election for Federal office).

`(b) Use of Alternative Mechanism- Notwithstanding
subsection (a), a State may adopt and apply an alternative mechanism to
determine the number of voter-verified paper ballots which will be
subject to the hand counts required under this subtitle with respect to
an election, so long as the National Institute of Standards and
Technology determines that the alternative mechanism will be at least
as effective in ensuring the accuracy of the election results and as
transparent as the procedure under subsection (a).

`SEC. 323. PROCESS FOR ADMINISTERING AUDITS.

`(a) In General- The Election Audit Board of a State shall
administer an audit under this section of the results of an election in
accordance with the following procedures:

`(1) Within 24 hours after the State announces the
final unofficial vote count in each precinct in the State, the Board
shall determine and then announce the precincts in the State in which
it will administer the audits.

`(2) With respect to votes cast at the precinct or
equivalent location on or before the date of the election (other than
provisional ballots described in paragraph (3)), the Board shall
administer the hand count of the votes on the paper voter-verified
ballots required to be produced and preserved under section
301(a)(2)(A) and the comparison of the count of the votes on those
ballots with the final unofficial count of such votes as announced by
the State.

`(3) With respect to votes cast other than at the
precinct on the date of the election (other than votes cast before the
date of the election described in paragraph (2)) or votes cast by
provisional ballot on the date of the election which are certified and
counted by the State on or after the date of the election, including
votes cast by absent uniformed services voters and overseas voters
under the Uniformed and Overseas Citizens Absentee Voting Act, the
Board shall administer the hand count of the applicable voter-verified
ballots required to be produced and preserved under section
301(a)(2)(A) and section 301(a)(2)(B) and compare the count it
administers with the count of such votes as announced by the State.

`(b) Special Rule in Case of Delay in Reporting Absentee
Vote Count- In the case of a State in which, under State law, the final
count of absentee and provisional votes is not announced until after
the expiration of the 7-day period which begins on the date of the
election, the Election Audit Board shall initiate the process described
in subsection (a) for administering the audit not later than 24 hours
after the State announces the final unofficial vote count for the votes
cast at the precinct or equivalent location on or before the date of
the election, and shall initiate the administration of the audit of the
absentee and provisional votes pursuant to subsection (a)(3) not later
than 24 hours after the State announces the final unofficial count of
such votes.

`(c) Additional Audits if Cause Shown-

`(1) IN GENERAL- If the Election Audit Board finds that
any of the hand counts administered under this section do not match the
final unofficial tally of the results of an election, the Board shall
administer hand counts under this section of such additional precincts
(or equivalent jurisdictions) as the Board considers appropriate to
resolve any concerns resulting from the audit and ensure the accuracy
of the results.

`(2) ESTABLISHMENT AND PUBLICATION OF PROCEDURES
GOVERNING ADDITIONAL AUDITS- Not later than January 1, 2008, each State
shall establish and publish procedures for carrying out the additional
audits under this subsection, including the means by which the State
shall resolve any concerns resulting from the audit with finality and
ensure the accuracy of the results.

`(d) Public Observation of Audits- Each audit conducted
under this section shall be conducted in a manner that allows public
observation of the entire process.

`SEC. 324. SELECTION OF PRECINCTS.

`(a) In General- Except as provided in subsection (c), the
selection of the precincts in the State in which the Election Audit
Board of the State shall administer the hand counts under this subtitle
shall be made by the Board on an entirely random basis using a uniform
distribution in which all precincts in a State have an equal chance of
being selected, in accordance with such procedures as the Commission
determines appropriate, except that--

`(1) at least one precinct shall be selected at random in each county; and

`(2) the Commission shall publish the procedures in the Federal Register prior to the selection of the precincts.

`(b) Public Selection- The random selection of precincts
under subsection (a) shall be conducted in public, at a time and place
announced in advance.

`(c) Mandatory Selection of Precincts Established
Specifically For Absentee Ballots- If a State establishes a separate
precinct for purposes of counting the absentee ballots cast in an
election and treats all absentee ballots as having been cast in that
precinct, and if the state does not make absentee ballots sortable by
precinct, the State shall include that precinct among the precincts in
the State in which the Election Audit Board shall administer the hand
counts under this subtitle.

`SEC. 325. PUBLICATION OF RESULTS.

`(a) Submission to Commission- As soon as practicable after
the completion of an audit under this subtitle, the Election Audit
Board of a State shall submit to the Commission the results of the
audit, and shall include in the submission a comparison of the results
of the election in the precinct as determined by the Board under the
audit and the final unofficial vote count in the precinct as announced
by the State, as well as a list of any discrepancies discovered between
the initial, subsequent, and final hand counts administered by the
Board and such final unofficial vote count and any explanation for such
discrepancies, broken down by the categories of votes described in
paragraphs (2) and (3) of section 323(a).

`(b) Publication by Commission- Immediately after receiving
the submission of the results of an audit from the Election Audit Board
of a State under subsection (a), the Commission shall publicly announce
and publish the information contained in the submission.

`(c) Delay in Certification of Results by State-

`(1) PROHIBITING CERTIFICATION UNTIL COMPLETION OF
AUDITS- No State may certify the results of any election which is
subject to an audit under this subtitle prior to the completion of the
audit and the announcement and submission of the results of the audit
to the Commission for publication of the information required under
this section.

`(2) DEADLINE FOR COMPLETION OF AUDITS OF PRESIDENTIAL
ELECTIONS- In the case of an election for electors for President and
Vice President which is subject to an audit under this subtitle, the
State shall complete the audits and announce and submit the results to
the Commission for publication of the information required under this
section in time for the State to certify the results of the election
and provide for the final determination of any controversy or contest
concerning the appointment of such electors prior to the deadline
described in section 6 of title 3, United States Code.

`SEC. 326. PAYMENTS TO STATES.

`(a) Payments For Costs of Conducting Audits- In accordance
with the requirements and procedures of this section, the Commission
shall make a payment to a State to cover the costs incurred by the
State in carrying out this subtitle with respect to the elections that
are the subject of the audits conducted under this subtitle.

`(b) Certification of Compliance and Anticipated Costs-

`(1) CERTIFICATION REQUIRED- In order to receive a
payment under this section, a State shall submit to the Commission, in
such form as the Commission may require, a statement containing--

`(A) a certification that the State will conduct
the audits required under this subtitle in accordance with all of the
requirements of this subtitle;

`(B) a notice of the reasonable costs anticipated
to be incurred by the State in carrying out this subtitle with respect
to the elections involved; and

`(C) such other information and assurances as the Commission may require.

`(2) AMOUNT OF PAYMENT- The amount of a payment made to
a State under this section shall be equal to the reasonable costs
anticipated to be incurred by the State in carrying out this subtitle
with respect to the elections involved, as set forth in the statement
submitted under paragraph (1) a notice submitted by the State to the
Commission (in such form and containing such information as the
Commission may require).

`(3) TIMING OF NOTICE- The State may not submit a
notice under paragraph (1) until candidates have been selected to
appear on the ballot for all of the elections for Federal office which
will be the subject of the audits involved.

`(c) Timing of Payments- The Commission shall make the
payment required under this section to a State not later than 30 days
after receiving the notice submitted by the State under subsection (b).

`(d) Authorization of Appropriations- There are authorized
to be appropriated to the Commission for fiscal year 2008 and each
succeeding fiscal year such sums as may be necessary for payments under
this section.

`SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO AUTOMATIC RECOUNT UNDER STATE LAW.

`This subtitle does not apply to any election for which a
recount is required automatically under State law because of the margin
of victory between the two candidates receiving the largest number of
votes in the election. Nothing in the previous sentence may be
construed to waive the application of any other provision of this Act
to any election (including the ballot verification and audit capacity
requirements of section 301(a)(2)).

`SEC. 328. EFFECTIVE DATE.

`This subtitle shall apply with respect to elections for
Federal office beginning with the regularly scheduled general elections
held in November 2008.'.

(b) Availability of Enforcement Under Help America Vote Act
of 2002- Section 401 of such Act (42 U.S.C. 15511), as amended by
section 3, is amended--

(1) in subsection (a), by striking the period at the
end and inserting the following: `, or the requirements of subtitle C
of title III.';

(2) in subsection (b)(1), by striking `section 303' and inserting `section 303, or subtitle C of title III,'; and

(3) in subsection (c)--

(A) by striking `subtitle A' and inserting `subtitles A or C', and

(B) by striking the period at the end and inserting the following: `, or the requirements of subtitle C of title III.'.

(c) Clerical Amendment- The table of contents of such Act
is amended by adding at the end of the item relating to title III the
following:

`Subtitle C--Mandatory Manual Audits by Election Audit Boards

`Sec. 321. Establishment of Election Audit Boards.

`Sec. 322. Number of ballots counted under audit.

`Sec. 323. Process for administering audits.

`Sec. 324. Selection of precincts.

`Sec. 325. Publication of results.

`Sec. 326. Payments to States.

`Sec. 327. Exception for elections subject to automatic recount within 24 hours under State law.

`Sec. 328. Effective date.'.

SEC. 6. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.

(a) In General- Section 205 of the Help America Vote Act of 2002 (42 U.S.C. 15325) is amended by striking subsection (e).

(b) Effective Date- The amendment made by subsection (a)
shall apply with respect to contracts entered into by the Election
Assistance Commission on or after the date of the enactment of this Act.

SEC. 7. EFFECTIVE DATE.

Except as otherwise provided, this Act and the amendments
made by this Act shall apply with respect to elections for Federal
office occurring during 2008 and each succeeding year.

END

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